[Introduced February 27, 2013; referred to the Committee on the
Judiciary.]

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A BILL to amend and reenact §29-21-9 and §29-21-20 of the Code of
West Virginia, 1931, as amended, all relating to Public
Defender Services; authorizing family court judges to appoint
counsel in contempt cases when jail commitment is possible;
and providing immunity to attorney appointed by family court
judges.

Be it enacted by the Legislature of West Virginia:

That §29-21-9 and §29-21-20 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 21. PUBLIC DEFENDER SERVICES.

§29-21-9. Panel attorneys.

(a) In each circuit of the state, the circuit court shall
establish and maintain regional and local panels of private
attorneys-at-law who are available to serve as counsel for eligible
clients. An attorney-at-law may become a panel attorney and be
enrolled on the regional or local panel, or both, to serve as
counsel for eligible clients by informing the court. An agreement
to accept cases generally or certain types of cases particularly
may not prevent a panel attorney from declining an appointment in
a specific case.

(b) In all cases where an attorney-at-law is required to be
appointed for an eligible client, the appointment shall be made by
the circuit judge:Provided, That in family court contempt cases,
the family court judge shall appoint an attorney-at-law when
required, in the following order of preference:

(1) In circuits where a public defender office is in
operation, the judge shall appoint the public defender office
unless an appointment is not appropriate due to a conflict of
interest or unless the public defender corporation board of
directors or the public defender, with the approval of the board,
has notified the court that the existing caseload cannot be
increased without jeopardizing the ability of defenders to provide
effective representation;

(2) If the public defender office is not available for
appointment, the court shall appoint one or more panel attorneys
from the local panel;

(3) If there is no local panel attorney available, the judge
shall appoint one or more panel attorneys from the regional panel;

(4) If there is no regional panel attorney available, the
judge may appoint a public defender office from an adjoining
circuit if such public defender office agrees to the appointment;

(5) If the adjoining public defender office does not accept
the appointment, the judge may appoint a panel attorney from an
adjoining circuit; or

(6) If a panel attorney from an adjoining circuit is
unavailable, the judge may appoint a panel attorney from any
circuit.

(c) In any given case, the appointing judge may alter the
order in which attorneys are appointed if the case requires
particular knowledge or experience on the part of the attorney to
be appointed: Provided, That any time a court, in appointing
counsel pursuant to the provisions of this section, alters the
order of appointment as set forth herein, the order of appointment
shall contain the court's reasons for doing so.

§29-21-20. Appointed counsel immune from liability.

Any attorney who provides legal representation under the
provisions of this article under appointment by a circuit court,
family court or by the Supreme Court of Appeals, and whose only
compensation therefor is paid under the provisions of this article,
shall be immune from liability arising from that representation in
the same manner and to the same extent that prosecuting attorneys
are immune from liability.

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(NOTE: The purpose of this bill is to allow family court
judges to appoint counsel for indigent litigants where contempt
proceedings could result in jail commitment. This will bring West
Virginia in compliance with a United Supreme Court decision.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)

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THE JUDICIARY COMMITTEE AMENDMENT

By striking out the title and substituting therefor a new
title, to read as follows:

Eng. Senate Bill No. 383--A Bill to amend and reenact §29-21-9
and §29-21-20 of the Code of West Virginia, 1931, as amended, all
relating to authorizing family court judges to appoint counsel in
contempt cases when jail commitment is possible; and providing
immunity to an attorney appointed by family court judges.